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New Federal Court rulings from 27.10.2025

Latest Judgments of the Federal Court

Here you can find the latest judgments of the Federal Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries including facts, considerations, and dispositives. For the further judgments, you will find a summary of the facts. The complete summaries of all judgments are available in the portal of Lexplorer. There, you can configure your newsletter and receive the latest judgments tailored to your legal areas.

6B_420/2024: Judgment on the complaint regarding police violence and abuse of office

Summary of the Facts

On October 19, 2009, there was an altercation between the complainant (A.________) and several police officers (B.________, C.________, and D.________) during a police identity check in Zurich. The complainant accused the police officers of using excessive force, which allegedly resulted in bodily injuries to him, including a vertebra fracture and bruises. The lower courts acquitted the police officers, and the complainant appealed to the Federal Court to achieve a conviction of police officer B.________ for attempted intentional homicide, abuse of office, and other criminal offenses. He also asserted violations of his right to be heard, the obligation to provide reasons, and the duty to investigate.

Summary of the Considerations

- **E.1–1.4**: The Federal Court clarified the grounds for the right to appeal and addressed the question of whether the complainant had a legally protected interest in the annulment of the acquittal by the lower court. It was pointed out that there is a right to a thorough investigation under Art. 3 ECHR, but not to a conviction. - **E.4**: The lower court, after extensive examination of the statements of the parties involved, concluded that there was no excessive police violence. The complainant's accounts were deemed less credible, and the choking incident could not be proven based on the evidence. - **E.5**: The rejection of the complainant's evidence requests by the lower court was not seen as a violation of his procedural rights or the duty to investigate. The Federal Court saw no arbitrariness in this. - **E.6**: The findings of fact and the evaluation of evidence by the lower court were deemed free of arbitrariness. In particular, the statements of the police officers were rated as more credible than those of the complainant. - **E.8**: A violation of the procedural aspect of Art. 3 ECHR was found, as the investigation was not conducted with the required promptness. However, the entirety of the allegations was sufficiently thoroughly examined.

Summary of the Dispositive

The complaint was partially upheld, a violation of the procedural aspect was established, and no court costs were imposed.


8C_259/2024: Judgment on disability insurance and the ordering of a new expert opinion

Summary of the Facts

The complainant A.________, a mother of five children and a trained nursing professional, applied for benefits from the disability insurance (professional integration, pension) in 2017. The IV office in Lucerne rejected the pension claim after obtaining a psychiatric expert opinion, considering a work/home status of 60%/40%. The Cantonal Court of Lucerne confirmed this decision.

Summary of the Considerations

- **E.1:** The Federal Court reviews complaints in public law matters freely regarding legal questions, but restrictively regarding the examination of facts. - **E.2:** The main point of contention is the question of a violation of federal law by the lower court in connection with the pension denial by the IV office. - **E.3:** The cantonal court correctly reproduced the relevant provisions regarding disability and incapacity for work. Reports obtained in proceedings under Art. 44 ATSG are generally to be relied upon unless there are specific indications against their reliability. - **E.4:** The psychiatric expert opinion from Dr. med. B.________ could not convince: It lacked a coherent justification for the assessment of incapacity for work and a consideration of divergent medical opinions. Therefore, the principle of investigation was violated. - **E.5:** Due to the remand, the court costs and party compensations apply according to the statutory regulations.

Summary of the Dispositive

The complaint was upheld, the judgment was annulled, and the case was remanded for further clarification.


1C_686/2024: Decision regarding the withdrawal of a complaint concerning the obligation to use a trailing hose

Summary of the Facts

Two complainants (A.________ and B.________) requested the annulment of cantonal decisions regarding their exemption from the obligation to use a trailing hose for low-emission slurry application. After withdrawing their complaint, the Federal Court dismissed the proceedings.

Summary of the Considerations

(E.1) The Federal Court stated that with the withdrawal of the complaint, the proceedings are to be dismissed according to Art. 32 Abs. 2 BGG. (E.2) The complainants were charged CHF 1,000 in court costs according to Art. 66 Abs. 1 and 2 BGG, which are to be borne jointly (Art. 66 Abs. 5 BGG). (E.3) According to Art. 68 Abs. 3 BGG, the cantonal authorities are not entitled to party compensation.

Summary of the Dispositive

The complaint is dismissed, and the complainants are charged court costs.


5A_743/2025: Decision on the issue of non-admission in a bankruptcy complaint

Summary of the Facts

The complainant A.________ opposed the opening of bankruptcy proceedings by the Regional Court of Emmental-Oberaargau, which was confirmed by the Cantonal Court of Bern. The complainant submitted several supplements and new evidence, including proof of payment and documents regarding newly entered projects, to substantiate her solvency.


6B_278/2024: Judgment on the question of professionalism and exemption from punishment

Summary of the Facts

A.________ was accused of having caused the payment of unjustified wages during her employment at B.________ AG by recording and approving fictitious working hours together with other parties. The amount of the fraudulent offense was at least CHF 38,376 and was used, among other things, to pay off loan installments. The lower courts convicted A.________, among other charges, of professional fraud and multiple forgery of documents and ordered a conditional prison sentence as well as expulsion from the country.


1C_467/2025: Complaint regarding building police measures and restoration of the lawful state; non-admission decision

Summary of the Facts

A.________ opposes the restoration of the lawful state regarding parked vehicles without license plates. The Administrative Court of the Canton of Bern did not admit his complaint because he did not pay the cost advance despite a deadline extension. A.________ subsequently filed a complaint with the Federal Court.


6B_769/2025: Decision regarding the withdrawal of the complaint (abuse of a telecommunications facility, etc.)

Summary of the Facts

The complainant A.________ had filed a complaint against the decision of the Cantonal Court of Lucerne dated July 29, 2025 (file number 2N 25 105), which dealt with the objection to a penalty order regarding the abuse of a telecommunications facility and other offenses. On October 14, 2025, he withdrew this complaint.


1C_664/2024: Decision on disputes over official surveying and boundary delineation of properties

Summary of the Facts

A.A.________ contests the boundary delineation between his parcel No. 678 and the neighboring parcel No. 679 as well as the western boundary line against a road parcel. He requested the cantonal office for geoinformation and later the cantonal courts to correct errors in the official surveying documents and to provide additional documentation. By order of the office for geoinformation, his request for correction of the parcels was not admitted, which was confirmed by the government council and subsequently by the cantonal court. The main question in the proceedings before the Federal Court related to the rectification of contradictions in the boundary course against parcel No. 679.


5A_306/2025: Decision on opposition to a sequestration order

Summary of the Facts

The A.________ Ltd, a British company, requested a sequestration against B.________ based on claims from an international arbitration proceeding. B.________, the beneficial owner of various offshore companies, opposed the sequestration on the grounds that the claims were directed against his companies and not against him personally. The sequestration court and the cantonal instance in Geneva rejected the sequestration for this reason.


8C_7/2025: Dismissal of the complaint regarding the disability pension

Summary of the Facts

The case concerns A.________, who was insured with the Caisse nationale suisse d'assurance en cas d'accidents (CNA) and claimed insurance benefits after falling twice from a ladder in 2013. The CNA found that he had full work capacity in a suitable occupation and denied a disability pension. However, the cantonal instance recognized a disability of 20% and awarded A.________ a corresponding pension. This was contested by the CNA's complaint to the Federal Court.


6B_796/2025: Inadmissibility of a complaint regarding the violation of the waste regulations of the city of Lausanne

Summary of the Facts

The complainant A.________ was found guilty in a first-instance judgment of the District Court of Lausanne on February 27, 2025, of violating the waste regulations of the city of U.________. She was fined 100 francs, which would be converted into a one-day substitute imprisonment in case of willful non-payment. Additionally, she was imposed procedural costs. The Court of Appeal of the Canton of Vaud dismissed her appeal against the first-instance judgment on August 12, 2025. The complainant then filed a complaint with the Federal Court against this second-instance judgment.


9C_113/2025: Inheritance tax in the Canton of Lucerne – Assignment to the family group in the case of unrecognized biological kinship

Summary of the Facts

The complainant A.A.________ requested a lower inheritance tax, claiming to be the biological nephew of the deceased. Pastor B.C.________ deceased, a brother of the deceased, is said to be his father. The responsible authorities did not recognize this because there is no civil relationship established and paternity has not been judicially determined. The lower courts rejected his applications and set the tax rate according to § 3 Abs. 1 lit. c of the Lucerne Inheritance Tax Act (EStG/LU).


9C_544/2025: Non-admission of the complaint regarding value-added tax

Summary of the Facts

The taxpayer A.________ GmbH, registered in the register of domestic taxpayers, owes CHF 27,864 according to the appeal decision of the Federal Tax Administration (ESTV) for the tax periods 2016 to 2020. After a missed deadline for the cost advance, the Federal Administrative Court did not admit the complaint. The taxpayer then approached the Federal Court and requested, in essence, that the lower court be instructed to consider the matter.


1C_262/2024: Judgment on the partial revision of the building and boundary lines plan Obermühle / Simple building plan Obermühle South

Summary of the Facts

The municipality of Baar planned a residential development with a commercial component on a property of the industrial complex Obermühle. For this purpose, the simple building plan (eBP) Obermühle South was issued, and the ordinary building plan Obermühle was partially revised. The area is subject to environmental protection according to ISOS, a federal inventory. In response, the owners of neighboring properties filed objections, which were rejected by the cantonal authorities. The complainants argued that the ISOS recommendations were not sufficiently considered in the planning and requested a comprehensive balancing of interests once again.


7B_987/2025: Decision regarding the extension of pre-trial detention

Summary of the Facts

The criminal investigation against A.________ is taking place due to a number of offenses, including arson, threats, and coercion. The coercive measures court approved the pre-trial detention, which was later extended. The complaint against the extension was dismissed by the Cantonal Court of Aargau. The complainant then approached the Federal Court, demanding his release from detention and the imposition of alternative measures such as a contact and area ban.


1C_461/2025: Decision on the voting complaint regarding the cantonal property taxes on secondary properties

Summary of the Facts

The federal resolution of December 20, 2024, and a related federal law regulated the taxation of self-used secondary properties and led to a vote on September 28, 2025. Philipp Zumbühl filed a complaint before the vote against the wording of the voting question, as he believed that the connection between the federal resolution and the federal law was not clearly presented. The government council of the Canton of Nidwalden did not admit the complaint as it concerned federal matters. Zumbühl then appealed to the Federal Court.


1C_548/2024: Measures according to the Geneva legislation on domestic violence

Summary of the Facts

A. On June 20, 2024, a measure for removal for 15 days was ordered against A.________ by the police headquarters of the Canton of Geneva based on the Geneva Law on Domestic Violence (LVD/GE). This prohibited him from any contact with B.________ and access to her residence. The background involved allegations of simple bodily harm, assaults, threats, and psychological pressure. A.________ lodged an opposition with the TAPI, which rejected the opposition on June 21, 2024. The subsequent complaint to the Cour de justice was dismissed on July 25, 2024.
B. In parallel, the TAPI extended the removal measure on July 4, 2024, until August 3, 2024. The complaint against this extension was declared inadmissible by the Cour de justice on November 12, 2024, for lack of current interest.


6B_421/2024: Compensation for the free representation of the private plaintiff in the appeal proceedings

Summary of the Facts

The Cantonal Court of Zurich fully acquitted B.________ and set the compensation for the free representative of the private plaintiff, attorney H.________, for the appeal proceedings at CHF 18,000. Attorney H.________ filed a complaint with the Federal Court against this and requested an increase of the compensation to CHF 45,231.30, as well as the conduct of a second round of written submissions.


9D_18/2025: Judgment regarding state and municipal taxes of the Canton of Appenzell Ausserrhoden for the tax period 2024

Summary of the Facts

The taxpayer A.________ requested the tax administration of the Canton of Appenzell Ausserrhoden to waive state and municipal taxes for the tax period 2024. After her request was denied and she filed an appeal, this was also rejected by the assessment authority with a decision dated July 17, 2025. The Cantonal Court of Appenzell Ausserrhoden referred the matter to a single judge with a decision dated September 9, 2025. The taxpayer filed a subsidiary constitutional complaint before the Federal Court, stating that due to financial difficulties, she was unable to pay the municipal tax.


9C_600/2023: Restitution of costs in compulsory health insurance

Summary of the Facts

The self-employed psychiatrist received a notice in 2016 from the parity commission regarding non-economic practice, based on statistical comparisons of her billing with other psychiatrists. After no agreement was reached, several health insurance companies, represented by santésuisse, sued for the restitution of costs. The lower court ordered the psychiatrist to repay a certain amount. Both the health insurance companies and the psychiatrist filed complaints.


6B_340/2024: Judgment on the review of professionalism according to Art. 146 Abs. 2 StGB

Summary of the Facts

The complainant is accused of professional fraud and multiple forgery of documents. He is alleged to have, in his capacity as area manager for B.________ AG, together with other individuals, approved fictitious working hours in the online tool monthly over a period of about four years, leading to unjustified wage payments. The co-obtained funds were used, among other things, to pay off personal debts. The lower court sentenced him to a conditional prison term and expulsion.


8C_667/2024: Judgment on the helplessness compensation within the framework of disability insurance

Summary of the Facts

The complainant, a primary school teacher and special education teacher, applied for light-grade helplessness compensation due to her health impairment. The responsible IV office had rejected her claim, stating that the minimum need for assistance for practical life support was not met. The Social Insurance Court of the Canton of Zurich confirmed this rejection. The complainant subsequently requested a review by the Federal Court, which also dismissed the complaint, as the applicable need for assistance of 90 minutes per week did not fulfill the required minimum workload of two hours.


5D_41/2025: Decision in a procedure concerning personality protection and free legal aid

Summary of the Facts

A. B.________ sought, within the framework of a personality protection procedure through precautionary measures, among other things, the removal and prohibition of the renewed publication of certain articles and documents by A.________. The president of the District Court of Lausanne granted the requests on February 28, 2025. B. A.________ filed an appeal on March 21, 2025, and requested free legal aid, as he could not afford the requested court costs. The single judge of the Cantonal Court of Vaud rejected the request for free legal aid on May 13, 2025, and declared the appeal inadmissible on July 24, 2025, due to non-payment of court costs. C. A.________ then filed a complaint with the Federal Court, claiming violations of several constitutional and European guarantees (Art. 29 Abs. 1 and 2, 29a and 9 BV as well as Art. 6 ECHR).


7B_910/2025: Extension of pre-trial detention

Summary of the Facts

A.________ is suspected of being involved in international drug trafficking and of having organized courier vehicles. On July 16, 2024, 18 kilograms of marijuana were seized in a vehicle that was to be exported to Austria. A.________ was arrested, and the pre-trial detention was repeatedly extended until October 12, 2025, due to the risk of collusion. The lower court, the Cantonal Court of Graubünden, confirmed the extension with a few modifications, which is why A.________ filed a complaint with the Federal Court.


5A_833/2025: Compensation of the official defender in connection with a divorce proceeding

Summary of the Facts

The complainant A.________ opposed the determination of the compensation of her official defender Me B.________ by the cantonal courts. The official defender was released from his duties, and a compensation of CHF 29,339.55 for the period from March 15, 2022, to February 11, 2025, was set. The complainant contested the amount and requested a reduction as well as a differing assessment of the repayability. The cantonal instance dismissed the complaint, whereupon A.________ filed a complaint with the Federal Court and requested a further reduction of the compensation to CHF 12,000.


6B_181/2024: Judgment on the accusation of theft and legal questions regarding the penalty and civil claim

Summary of the Facts

The complainant, a jeweler, was accused of having stolen two diamonds – including a particularly valuable pink diamond – during an inventory at the complainant's premises. The criminal court of first instance acquitted him and rejected the civil claims of the injured parties. However, in the appeal proceedings, the complainant was found guilty and sentenced to three years in prison; furthermore, civil claims of the injured parties amounting to millions were awarded. The Federal Court dealt with the complainant's appeal against the appellate judgment.